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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> M'Donald v. Gilruth [1874] ScotLR 12_43 (5 November 1874) URL: http://www.bailii.org/scot/cases/ScotCS/1874/12SLR0043.html Cite as: [1874] ScotLR 12_43, [1874] SLR 12_43 |
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Page: 43↓
[Sheriff of Fife.
In an action for filiation and aliment of an illegitimate child, the defence was a general denial of the pursuer's statements, and an allegation of physical incapacity. The fact of connection was proved, but the defender maintained that he was incapable of having fruitful connection. The Sheriff-Substitute allowed a proof, and on the report of three medical men assoilzied the defender. The Sheriff reversed, on the ground that the defender had not proved it was impossible he could have been the father of the child.
The Court adhered, and were unanimously of opinion that the medical evidence admitted was insufficient to verify the defence,— Lord Neaves holding that the admission of medical evidence where the defence did not amount to total incapacity was unprecedented and inexpedient.
Counsel for Appellant— Rhind. Agent— Wm. Officer, S.S.C.
